Calcutta High Court (Appellete Side)
Programme And Ors vs The State Of West Bengal & Ors on 9 November, 2021
9.11. W.P.A. No. 10624 of 2019
BR 2021
69 Al-Ameen Memorial Society for Education and Health
Programme and Ors.
-vs-
The State of West Bengal & Ors.
( Via Video Conference )
Mr. Samim Ahmed ,
Mr. Arka Maiti,
Ms. Saloni Bhattacharyya
Ms. Gulsanwara Pervin
... for the petitioner
Ms. Chaitali Bhattacharyya,
Mr. Kartick Chandra Kapas
... for the State
.
The writ petitioner has challenged the order
dated May 21, 2019 passed by Additional Chief
Secretary, Department of Higher Education,
Government of West Bengal.
Pursuant to an order dated July 24, 2018
passed by a Coordinate Bench in W.P. No. 1301(W) of
2018 directing the State to pass a fresh order in
accordance with law, the respondent no. 2, by the
order dated May 21, 2019, held that the question of
minority status of the writ petitioner institution cannot
be clearly determined.
Mr. Ahmed, learned advocate for the petitioner
submits that the minority status of the institution
has been declared by the National Commission for
Minority Educational Institutions (for short 'NCMEI').
He further submits that the respondent no. 2 do not
have jurisdiction to decide on such issue of minority
status and as such the impugned order cannot be
sustained in law. Mr. Ahmed relies upon a judgment
of the Hon'ble Supreme Court in the case of Sisters of
St. Joseph of Cluny -vs- State of West Bengal and Ors,
reported in (2018) 6SCC 772 and contends that only
the NCMEI has the jurisdiction to issue a certificate
regarding the status of minority educational
institutions .
Ms. Bhattacharyya, learned advocate appearing
for the State submits that since the writ petitioner
failed to produce any documents in accordance with
the provisions in Section 4 (b) of the Notification dated
April 10, 2012 the respondent no.2 passed the
impugned order.
The Hon'ble Supreme Court of India in Sisters of
St. Joseph of Cluncy (supra) held that NCMEI has the
power to decide all questions relating to the status of
any institution as a minority educational institution
and declare its status as such.
NCMEI declared the status of the writ petitioner
as a minority educational institution. Records reveal
that the State has also accepted such status of the
writ petitioner.
When the NCMEI has declared the status of
the writ petitioner as a minority institution, only such
authority can revoke the same. There is nothing on
record to show that such authority has revoked the
declaration already made in respect of the institution.
However, the dispute involved in the instant writ
petition is to be decided after exchange of affidavits by
the parties.
In view thereof, this Court is of the prima facie
view that attempt made by the respondent no. 2 , by
the order impugned, to determine the question of the
minority status of the petitioner's institution was
without jurisdiction.
The petitioner has made out a strong prima facie
case for an interim order.
The order dated May 21, 2019 passed by the
Additional Chief Secretary, Department of Higher
Education, Government of West Bengal being the
respondent no. 2 herein shall remain stayed for a
period of six weeks from date or until further orders
whichever is earlier.
Let affidavit-in-opposition be filed within three
weeks from date; reply thereto one week thereafter.
Liberty to mention after expiration of the period for
exchange of affidavits.
( Hiranmay Bhattacharyya, J. )
